I'm Dying...and I want to drive my car...All Read Please

[Todd Hedges]

I'm send out a card tomorrow - Saturday.
This saga really hit me on many levels.
My dad lost the same battle when I was 5.
If Dwayne were able to drive, I could lend him my ERA.
I don't need it till Spring anyway.

God Bless Him and his family.

[RedCSX1]

I know its less than a month away, but time is short. I thought it was going to be completed before the first of January?

Morgan

[HOGDEALER]

RedCSX1

You will need to read back a bit. But basically the car could not be released and Roy at Finish Line needs to finish the car.

[Russ Oasis]

Guys, I'm just getting back to this thread and wanted to share with you how great it is to see all of you rallying around a really terrible situation, for a good cause. I love the "family feeling" on this board. Here's an update. After the tests this week, they know for sure that the cancer has taken up residency in Dwayne's liver. They found 7 tumors on his liver and at least 3 of them are 2-3 inches in size. No matter what route he elects to take at this time, every day is a precious and valuable commodity to him (as it should be for all of us). I believe that your prayers and automotive brotherhood give him strength and a reason to keep pushing on. I know that he appreciates each and every one of you.
On a different note, I wanted to mention that I get the feeling that this story is going to break nationally, if not on TV like 20/20 or 60 Minutes, then most assuredly in the national car mags. When I accompanied Dwayne and Danny to Roy Hunt's place, the whole place gave me the willies. Roy went from one apparent customer to the next, bringing them into his office and closing the door so that other people couldn't hear what was being said. I had a bad feeling about the situation at that very moment. The Viper community has also had a guy or two like this. The word got around about them and it saved many from being taken as well. Let's hope that this has a good outcome as I'd love to see Dwayne enjoy his car a little bit if at all possible.
Tonight, Danny told me that they are supposed to be finishing the car by Jan. 15 and will release it if he comes up with a couple of thousand dollars MORE (on top of the $140,000 that he's paid). You'd think that after all this, they'd say to forget the few grand. What goes around comes around.
Thanks again for all your support guys!

[Trueoo7]

A couple of thousand dollars more ???? I would have thought that the 2 year interest free loan that he has been playing with would have more than covered this !!! Talk about a rat ba$tard.

[Allan A]

Kris are you out there, you would be perfect for the car review.

Allan

[Big-Foot]

If Shelby doesn't cancel Finishline's dealership they are just as much to blame.

You guys that currently own CSX's - well, I guess you're cars will be appreciating faster than ever once the media exposes this whole mess and SAI goes down the Bemis along with Finishline...

[Durt]

A few thousand dollars more. Please tell me I didn't just read that.

What the fsck is going on here?

[Bill Kesner]

I would tend to believe that it's the balance owed, nothing more.

- Bill -

[HI Cobra]

Wow - this Roy Hunt is like the pink bunny
that just keeps going and going when it comes
to screwing someone over. Someone pinch
me so I'll wake up - I wonder how long this
nightmare will last?

To be continued...

[Anthony]

I've been following this thread, and its terrible that dwayne has not had his car delivered. Before I bought my car, I realized from the buyer contract that I was buying it from the dealer, not shelby, a separate company, and there existed a possibility of something like this happening. Some of these dealers are involved in other businesses separate from shelby, some car related and others not, and did not depend solely on CSX4000 sales to keep their business alive. I would hope that SAI would back the dealers on issues related to the CSX4000 cars, but if a dealer used CSX4000 sales income to offset his other business ventures (losses), it's a problem. My sympathy for his situation. I'm glad that the issue looks like it's going to be resolved.





On another topic, his cancer condition, bladder cancer, I read the following

"Former ESU member wins 5.1 million jury award
reprinted from ESU News, March 22, 2002

On February 20, a Superior Court jury in Los Angeles ordered ExxonMobil/SeaRiver Maritime, Inc. to pay $5.1 million to Dwayne Gregory. As was reported in the Los Angeles Times, Mr. Gregory's legal argument alleged that toxic fumes emitted by crude oil caused his bladder and prostate cancer.

Further, his case alleged that the Company waited 20 months to notify him that a Company physical in 1997 detected blood in his urine, which is a possible sign of bladder cancer. Mr. Gregory's attorney, Reed Morgan stated that by the time his cancer was diagnosed, it had spread to his prostate. The Company was ordered to pay Mr. Gregory $1.3 million for loss of earnings and medical expenses and $3.8 million for pain and suffering.

Mr. Gregory was hired by the Company on December 19, 1992 and was a dedicated employee until the Company terminated his employment in 2000 due to his medical condition. Prior to dismissal, Dwayne underwent chemotherapy and several surgeries with the intentions of returning to work. Due to his condition he requested to be placed in a position that would keep him away from petrochemicals but the Company failed to accommodate him.

During Dwayne's employment he was also a member and strong supporter of the Exxon Seamen's Union. Dwayne started his career with the Company as a Maintenance Seaman and was eventually promoted to Able Seamen. He held multiple endorsements and also sailed in the Engine department as QMED-Oiler. We wish Dwayne all the best in is ongoing struggle with his illness and hope for a full recovery. "






Although I'm not a urologist or specialist in bladder cancer, I didn't think petroleum exposure was a risk factor for development for bladder cancer. From what I know, smoking is by far the leading cause of bladder cancer. Regarding exposure to other chemicals, it was the exposure to aniline dyes, and other related compounds as used in hairdressing, printing, machinists, textile, and leather industries. In addition, it usually takes many years ( 20, 30, 40 years) of exposures to an enviromental chemical to have effects, not just 6 years as was Dwayne was exposed from the dates listed as employment in the article. From my personal experience in the past 20 years in medicine, every case of bladder cancer I was involved with was due to cigarette smoking, or at the very least, every case involved someone who had a significant history of smoking.

Unfortunately, once cancer has spread to the liver, it is a very bad situation. The vast majority of "liver" cancer is not actually "liver" cancer, but other cancer , many different types, that has spread to the liver. Primary liver cancer, called hepatoma, is not very common, but usually arises secondary to liver injury such as from hepatitis, cirrhosis, and is basically always fatal.

In summary, it is a sad situation for Dwayne, especially for his medical problem, and also that he was "wronged" by Finishline, especially in light of his medical condition.

However, although I don't know the details of his lawsuit against Exxon, I'm not sure that his 5.1 million judgement was appropriate, that is, his exposure to petroleum was the cause of his baldder cancer, and it wouldn't surprise me that actually Dwayne has a significant history of smoking, and in fact willingly contributed to his own development of bladder cancer, and Exxon ( or really all of us, as we all end up paying for lawsuits to corporations by their increased prices ) was shafted out of 5.1 million.

Just my thoughts.

[Buzz]

The fact is the lawsuit was settled in a court of law. I'm quite sure that Exxon pulled out all the stops in their legal defence including the hiring of "experts" like yourself. The issue of them concealing his medical results alone makes them worthy of some blame. Questioning the validity of his lawsuit after the court awarded damages and now that he is dying is questionable at best. Are you suggesting that he deserves his current fate and the nasty shafting that Roy Hunt is handing out because of his payout??!! I really hope not. I have sat quietly shaking my head reading this thread until now but the feeling of helpless anger at this situation and some of the unbelieveable crap that's being posted is beginning to boil over. If I lived anywhere near Vegas I would have a strong urge to meet Mr. Hunt in person. Living on a Caribbean island has its pros and cons but I assure you all that if this situation occurred down here a group of gentle and well meaning friends would have paid a few visits to FinishED Line and made that idiot aware of their displeasure. How it would play out would be up to him.
As for Shelby, those that are trying to shut up anyone venting their frustration should shove it all the way up......sideways. Kiss my butt with your pontificating BS. When you have your issues with Shelby or other manufacturers it goes on for pages so who the hell are you to tell anyone who is rightfully outraged by the inaction of Shelby up to now and their failure to intervene at an earlier point to put a sock in it????!!! If you know things that the rest of us do not, either air it or shut the hell up yourself and let people voice their rightful anger. In my opinion, based on what I know (yea, yea..I know the line about opinions) Shelby and his organization had ample opportunity to do something good in this time of negative publicity and chose not to until things got hot. He was my hero too but like everyone else Shelby or his company needs to be pulled up when guilty of allowing customers, worshippers and once loyal fans to be wronged.
In closing, my heart goes out to Dwayne and his family and I hope that things go as well as they possibly can for all the good people involved.
I really needed to post that. Bring it on if you want.

[Russ Oasis]

I must admit that I don't understand where Anthony is coming from (other than apparently wanting us to know that he is a doctor). In case he is interested, I've never seen Dwayne smoke a cigarette or ever even mention smoking. Next, what does medical litigation which resulted in him receiving a payment of damages have to do with Roy Hunt holding his money and not delivering his car? Anthony, I too am a person who believes in personal responsibility, however, in this case, I think that the damages awarded were nothing. Would you take $5 million to know that your life was going to end in 5 years? I can't think of any people who would. He was wronged and the court system rightly found the same.
I'd like to make another comment about Shelby, who was an idol of mine as well (remember, I'm a Viper guy). I read the posts about manufacturers vs. dealers. The number of Cobras sold annually is small enough so that Shelby has direct control over his "dealership network." He could have easily pressured Hunt to complete that car just as Ford could pressure its dealers to do something (Perhaps by withholding future cars). Hunt is clearly responsible, but Shelby is not without dirty hands and it is certainly disappointing. He has a group of people who worship him and his cars. You would think that he'd bend over backward to make sure that the people who love his cars didn't get screwed.

[casaleenie]

Anthony,

Always interesting to hear another possibility regarding the "big picture".


Russ also has an interesting view that the settlement doesn't relate to the problem with the car.... However, if in fact Exxon was not responsible for his condition then the payout certainly is something and something rather substantial. Wouldn't be the first time a jury screwed up...


and Buzz, I agree with your views on this....

[vettestr]

Mr. Anthony,
I regret you choose to impart your opinion in this form and on this thread about the verdict of the courts being just or not. I am the first to support your right to that opinion but feel your education and experience should have taught you RESPECT for the moment. The two issues are not related. You are a ASS in my opinion. This case was already settled in the courts. What good does your TEACHING us exposure and effect times have to do with the delivery of a product he paid for months ago? IF HE was a smoker then he deserves to be screwed. Do ya think SAI/Finishline is giving money back to EXXON who ( quote " WAS SHAFTED OUT OF 5.1 MILLION")
Start another thread and argue your position about exposure and time until signs of a disease show up and the unjust verdicts. We can then choose to read and comment on your position or not.

[Excaliber]

Thank you Vettestr, I couldn't agree more.

Don't gimme that crap about freedom of expression, Anthonys comments were ENTIRELY out of line on THIS thread.

This is not the time or the place to discuss Dwaynes legal case. The court ruled in his favor, DONE.

Anthony,
How insulting, how callous your remarks have been. An apology won't be enough to cover your gross mistake.

[computerworks]

Fellas...please STOP.
Keep the thread on topic...and avoid these side trips, OK?

Thanks
Ron
ClubCobra Moderator

[HOGDEALER]

Just to clear up the info:

In Dwaynes case the cause of the Bladder Cancer was from exposure to Benzene, not cigerette smoking. He was required to clean out giant tanks that had contained benzene, with little or no saftey equipment. Exxon went to great lenghts deposing people from his 6th grade buddies all the way forward. Dwayne smoked a couple time in Vietnam, but did not like it.

The case was not about cause and effect. The case was about Exxon breaching their "Duty of Care". The "Company Doctors" Knew he had cancer and did not tell him for 20 months.

Further, the judgment was for 5.1 the settelment, after a lengthiy appeal, was for a whole bunch less. Then the lawyers got thiers. Dwayne got about 1.8, about the same amount he would have gotten if he had retired and received payments until he was age 72.

The experts testified that he had about 5-10 years to live. His DREAM was to own a REAL Shelby Cobra. He gave them 50-k on Nov. 1, 2002 then on Dec. 2, 2002 he gave them another 50-k. On 4-15-04 he gave them 40-k more. And on 1-15-05 we will give them $13,720.00 for an grand total of $153,720 for a car he may never get to drive. The total wait time 26.5 months.

These are the facts.

[Anthony]

-

[clayfoushee]

Accepted, and I really hope yours is the last word on this subject. All the rest is BS right now.

All the best to Dwayne, and I hope his dream can be realized, albeit not the way he deserved to have it happen.